FITZPATRICK, District Judge.
Before the court are the parties' cross motions for summary judgment. Because Plaintiff's declaratory judgment pleading did not demand a jury, and because the counterclaim in this action was filed under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461 (1988), neither party was entitled to a jury trial. The parties have stipulated, at the court's suggestion, that the case is to be decided by...
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